Advocate Harsh Jhanji

Questions Answered by Advocate Harsh Jhanji

Q: Process to Transfer property to wife

I would like to transfer ownership to my wife queries 1. stamp duty if any and process 2. is it require to show in Income tax return

Advocate Harsh Jhanji answered
stamp duty as applicable by state in which you reside there is no need to show in return if you have purcased through cheques or further transfer in family without any consideration.... if you advise by someone to mention price or bargain of the property with your wife then yoh have to receive the amount in your account from her.... so you will be not questioned by tax department

Q: My mothers property illegally transferred by my brother

My father owned a house in Patiala his whole life. He moved with me to UK around 20 years ago, leaving only my brother and my brothers wife in Patiala. Since then my brother and his wife have apparently done a fake sale of the house. They have pretended that my father has sold them the house, providing fake signature of my father. My father was not even in India when the fake deal (and fake signatures) happened. We did not know that they did this before now. We have proof (passport) that my father was in UK at the date of signature. However the date of signature is almost 15 years ago, but as mentioned, we did not know of this untill now. Can anything be done to get my fathers house back?

Advocate Harsh Jhanji answered
yes definitely, you have right to proceed agianst them by filling both criminal and civil complaints and as per you information you have prima facie case in your favour. i advise you to proceed further go ahead to achieve your goal

Q: educted wife can take maintiance under dv act

Hi sir my wife lodge a false complaint of dv act, and she has master degree and also professional degree of b.ed, and she has worked before marriage as a teacher in a cbse school and took her salary in bank account. So i have all her document like education,joining job letter,pan card etc, & her dv act alligation and her first complaint (498a)alligation and her second complaint allegation(498a) are diffrent. And her 1st complaint 2nd complaint and dv act complaint totlly diffrent allegation. But lawyer said to me u have to pay maintiance whether she educated & worked or not worked. So i want to know i have to pay her.

Advocate Harsh Jhanji answered
if you are ready to fight against her, in that event you are not required to pay maintenance of her. i don't know but your lawyer may be not aware about law applicable on your case as this profession is only for those who updatd him/herself

Q: Remarriage with same person after divorce

Sir,I got divorced 2 yrs ago with a valid divorce decree. Now i want to marry the same person. Please tell me what is the legal procesure to marry the same person. Also, what about divorce decree?

Advocate Harsh Jhanji answered
it is possible by way of agian marriage and therafter challenge thr same decree if you want otherwise not required as both of you have to mentioned your status as divorcee at the time of registration of marriage